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(영문) 인천지방법원 2015.09.17 2015노2686
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the defendant alleged mental disability was under the influence of alcohol and committed each of the crimes in this case in a state without mind, he was in a state of mental disability at the time of the above crimes.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below as to the claim of mental disability, it is recognized that the defendant had a drinking condition at the time of each of the crimes in this case, but in light of the circumstances leading to each of the crimes in this case, the method and method of the crime, and the circumstances before and after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of each of the crimes in this case, and there is no other evidence to deem that the defendant

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion of unfair sentencing, the defendant led to the confession of the defendant, the victims paid a certain amount of money, and the victims did not want punishment against the defendant. However, each of the crimes of this case was committed by assault or bodily injury by carrying a beer disease or beer, and thus, the risk of such an injury was high. In particular, the victim F suffered bodily injury in light of the body and form of the defendant's injury, and it seems that there was a risk of considerable damage in light of the body and form of the defendant's injury. The defendant was three times before the previous crime of a fine, and even if he was under suspension of execution at the time of each of the crimes of this case, there was a high risk of recidivism by committing more severe crimes in order without being familiar with the defendant's age, character and behavior, the motive, means and method of the crime of this case, and the circumstances after the crime of this case, etc., the punishment of the court below is excessively unreasonable.

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